Schultz v. Commissioner of Public Safety

OPINION

WILLIAM J. FLEMING, Judge.

Appellant was arrested for driving while under the influence, and his driver’s license was revoked for refusing testing pursuant to the implied consent law, Minn.Stat. § 169.123 (1988). He petitioned for judicial review, contending that because he told the officer he wanted to change his mind after first refusing, he did not refuse testing. The trial court sustained the revocation and Schultz appeals.

FACTS

On December 23, 1988, shortly after 1:00 a.m., Officer Clark Messenbrink placed appellant under arrest for driving while under the influence. Messenbrink…